CPSU, the Community and Public Sector UnionvVicForests

[2011] FWA 3079

[2011] FWA 3079

FAIR WORK AUSTRALIA

AGREED OUTCOME OF CONFERENCE

Workplace Relations Act 1996
s.170LW - pre-reform Act - Application for settlement of dispute (certified agreement)

CPSU, the Community and Public Sector Union
v
VicForests
(C2011/4119)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 18 MAY 2011

Alleged dispute concerning implementation of change.

[1] Further to a conference on Tuesday 3 May 2011, the CPSU and VicForests agree to the following terms for the use of the new GPS Tracking System.

[2] GPS is being introduced for the purpose of enhancing employee safety. VicForests therefore intends to use the system primarily for the following purposes:

1. Location of vehicle and staff in the event of an accident – if the GPS unit detects an accident, an immediate email and SMS notification will be sent by the GPS device to the appropriate contacts. The primary contact will then implement the appropriate actions in line with the Emergency Procedures – Missing persons in order to respond accordingly and come to the aid of the staff member involved.

2. Ensuring the safe return of staff – to enable managers to ensure that all staff have returned safely from remote locations at the end of each day.

3. Ensuring staff safety while in range of vehicle – the GPS unit will be fitted with a remote control which will work within 50m of the vehicle and will allow staff to press the button and activate a safety message to the key contacts for that unit and enable VicForests to come to the aid of staff.

[3] Other than in the circumstances set out in paragraphs 1-3 below, information recorded by the system will not be used in disciplinary procedures. If VicForests intends to use such information for the purpose of disciplinary proceedings, it will advise the affected employee(s) and, provide the employee the option to request that VicForests inform the CPSU, of that intention. In these circumstances, the full protections of the disciplinary procedure will apply, including natural justice and procedural fairness in accordance with the terms of the VicForests Agreement 2006 (Extended and Varied Version 2009) and the public sector standards.

[4] Further to the above, the information recorded by the system may be accessed by VicForests in circumstances including, but not limited to :

1. A Police investigation or any other circumstance in which VicForests has a legal obligation to provide the information.

2. A WorkSafe investigation.

3. Circumstances in which VicForests requires the information to investigate a complaint and/or any suspected serious misuse of the vehicle under the terms of the Motor Vehicle Management and Usage Policy.

[5] Data recorded by the system will not be accessed by VicForests specifically in connection with performance progression assessment.

[6] VicForests does not intend, and nor does it have the resources, to carry out detailed monitoring and analysis of out of hours vehicle usage.

DEPUTY PRESIDENT

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